The article deals with problems of defining an approach to understanding the content of the state crimes institute during the period of validity of the Penal and Correctional Punishments Code of 1845. The paper considers provisions of Section III "On State Crimes" and a number of other articles of the Criminal and Correctional Punishments Code of 1845. In the context of the views of pre-revolutionary, soviet and modern jurists, the author presents and justifies his view that the most effective analysis of the institution of state crimes and its development might be carried out within the framework of analysis made in the context of this institution lifetime. Analyzing this institution during the period of validity of the Criminal and Correctional Punishments Code of 1845, it is necessary to rely on considerations presented by the law-maker in the context of drafting relevant legislation governing the institution of state crimes during the period in question. The most effective research would be the research that does not seek to "correct" the shortcomings of the Law-maker of that time, but would examine the subject as it had been presented during the relevant period.

The article is devoted to the study of the key features of the Empire with a comparative analysis of the Mongolian Empire. The authors of the article conclude that nomadic peoples of Central Asia in the 13th century managed to form the Mongolian Empire with all its characteristics. This fact is very important in terms of the history of the state and law, the theory of the State and law; scholars, historians and anthropologists have not examined the emergence of the Mongolian Empire on the basis of characteristics inherent to the European empires. But the Mongolian empire had its own characteristic, which we must take into account, namely, the Mongolian and Tatar tribes were mobile. The hallmark of the Mongolian Empire's mobility distinguishes this state from other empires that existed in the Middle Ages.

The subject of the survey covers legal and organizational regulation of the Constitutional Assembly. The object of the study includes activities of the Constitutional Assembly in the Russian Federation. The author has analyzed some legal concepts developed by experts in relation to regulation of the Constitutional Assembly. Relevant literature analysis has revealed main shortcomings in proposed draft laws, the main one being the lack of detailed principles regulating the work of the Russian Constitutional Assembly. The main conclusion that has been made in compliance with the results of the survey states that the Federal Constitutional Law governing the activities of the Constitutional Assembly of the Russian Federation must contain detailed principles of activity and appropriate mechanisms for their implementation. The main contribution made by the author in this article is determination of the need to form fundamental requirements applied to the activities of the Constitutional Assembly in view of the fact that this institution combines both legal and political components. The novelty of the article amounts to developing appropriate principles for the work of the Constitutional Assembly of the Russian Federation and to analyzing possible mechanisms for their implementation aimed, first and foremost, at preventing adoption of the Constitution that is contrary to foundations of humanism, civil rights and freedoms of a person and citizen. In particular, the author has proposed five most important principles: adherence to the balance of interests, which includes both the interests of federal authorities and constituent entities of the Russian Federation, professionalism, independence of the activity, rational expenditure of budgetary funds and efficiency of action.

It should be noted that, since the adoption of the Constitution of the Russian Federation, matters relating to the functioning of the Council of Federation of the Federal Assembly of the Russian Federation do not lose their relevance. Key activities of this State Authority are determined by the fact that this part of the Russian Parliament represents both the interests of the Russian Federation as a whole and the interests of its regions. Unlike the process of formation that is periodically modified, substantive characteristics of the Council of Federation have not been subjected to any change since 1993. In the article, the author highlights certain specific features of the Council of Federation as a part of Russian Parliament and gives the view that there is a need to change some of the most important thresholds of the Council of Federation, primarily its powers and functions. In the current context, the problem of the Council of Federation of the Federal Assembly of the Russian Federation is of importance, since its role in the development of federal relations takes on particular importance, but a number of issues in relation to its formation and functioning raise questions.

Legal responsibility is, on the one hand, a universal concept used by all the leading branches of Russian law, and on the other hand, the essence of legal responsibility is fully disclosed in certain branches of law, and responsibility in financial law is no exception. Thus, it is necessary to examine in detail the rules governing respons ibility for financial law violations. The legislator's understanding of legal responsibility for financial law violations was influenced by concepts of responsibility developed by the scholars: Positive (perspective) and negative (retrospective). In general, responsibility for financial law violations is public in its nature, but possesses some elements of private responsibility expressed in its compensatory nature. The issue of the balance between punitive and remedial functions of responsibility for financial law violations is debatable. We believe that the remedial function of responsibility always entails the exercise of responsibility for financial law violations.

The survey is devoted to the problem of interrelation between tax legislation and bankruptcy legislation, as well as the influence of the latter on the principle of personal fulfillment of the tax duty. Certain issues of the chosen topic are dealt with sporadically in the context of regulation of legal relations that arise in bankruptcy cases. At the same time, in practice there are no comprehensive studies devoted to the peculiarities of fulfillment of the tax duty in bankruptcy cases. The survey is based on methods of historical and comparative jurisprudence. The paper identifies contradictions in legislation and judicial practice concerning execution of tax duties by the persons in charge of taxpayers in bankruptcy proceedings and after their completion. The author systematizes scattered theoretical and practical approaches in compliance with the periods of different legislation versions. The author criticizes some approaches applied to deal with the problems of interrelation between tax legislation and bankruptcy legislation. As a result, the paper highlights both positive and negative factors of changes in the regulation of bringing persons controlling a taxpayer to vicarious liability.

This article deals with the use of a security deposit in a lease contract, as well as certain types of pecuniary obligations under the contract that can be secured by a security deposit. In addition, the paper highlights the issues of using security deposit, and in what ways it is different from other means of securing obligations that are still unsettled in law. The article analyses changes in the civil legislation concerning the ways to enforce obligations, as well as relevant jurisprudence. The author attempts to determine the legal nature of the security deposit, its characteristics, and to identify in what way security deposit is different from such well-known ways of securing pecuniary liabilities as penalty, collateral, retention and deposit. Consideration is being given to the use of the security deposit in a preliminary contract set forth as an interim measure of conclusion and performance of the basic contract. The article provides recommendations for assessing pecuniary obligations under a lease that can be secured by the security deposit, as well as conditions for not returning the security deposit under the lease.

The article provides considerations in favor of an approach under which the new version of the RF Civil Code, giving the right of foreclosure to a person who has gained an attachment of the thing as an interim measure, cannot be interpreted as giving the person an advantage in allocating the proceeds of the sale of attached property in the event of bankruptcy of the owner of the thing. With reference to jurisprudence, as well as foreign sources, it is pointed out that the reverse decision would violate the fundamental principle of bankruptcy law, i.e. the principle of equality of creditors (pari passu). It is reported that in foreign jurisdictions, from where the "judicial lien" is borrowed, there are balancing elements that do not violate the principle of equality of creditors. In addition, the author provides arguments concerning unfairness in the totality of spreading grounds for providing a deposit. To this end, the author analyzes and evaluates arguments in favor of equality of preferential creditors: The bargain argument and, associated with it, the rate argument, the new value argument and notion argument. It is shown that providing a deposit using attached property does not withstand the test.

The RF Civil Code reform has entailed major changes in the legal regulation of property relations. New rules concerning performance of obligations by third parties, which increased the imbalance of interests of the debtor, creditor and third parties, have emerged. Negative effects of changes in the rules regulating performance of obligations by third parties are also evident in the fact that the provisions of Article 313 of the RF CC are inconsistent with the other rules set forth in the articles of the RF CC, which does not improve the legal regulation of civil relations. Based on the analysis of provisions of Article 313 of the RF Civil Code, the author concludes that the rules concerning performance of an obligation by a third party permits unscrupulous participants to abuse their rights. Exercising the rights granted to them under Article 313 of the RF Civil Code, the debtor and third parties may violate the general limits of exercising civil rights stipulated in civil law. If the abuse of the right results in violation of another person's right, the latter is entitled to resort to the means of protection available to him. Making the decision, the courts recommend to assume that, by reinforcing the creditor's duty to accept performance from a third party in cases enumerated in Parts 1,2 Article 313 of the RF Civil Code, the law-maker acted in the interest of the creditor. Principles applied in the civil law suggest that in cases where the law allows third parties to participate in the parties' relations at the will of one of them without asking for the consent of the other, all the consequences of such interference are admissible if the interests and expectations of the other party are not violated. The only way to ensure that the rights and interests of the person violated by third parties' intervention are protected in this case is to claim actions undertaken by any participant of those relations unscrupulous and associated with the abuse of right.

The article deals with the examination of a legally protected interest as a legal means of securing actual exercise of civil legal capacity by the concerned participants. Assuming that not all legal possibilities amount to subjective legal rights (as opposed to law), the author considers legally protected interests within the scope of civil law that are not mediated by such subjective rights. A lot of civil law (sectoral) interests described in the article include legal interests, i.e. legal forms for those interests that are intended to change the legal status of an individual. As a part of the legal interest and legal means in which it is transformed, the author justifies the existence of a specific legal phenomenon, namely: A protected legal possibility to reasonably expect profitable legal consequences, or right expectation. This legal possibility takes the legal interest of a person as a member of a developing public situation which is fixed by the legal construction of an uncompleted actual composition. The author points out that the establishment of right expectation by civil law constitutes a rewarding sanction for the fair legal initiative of the person concerned. The author provides arguments in favor of integrating all legal possibilities into the sectoral legal regime as a repeating feature. Such a universal legal regime referred to as a regime of the right to expect includes subjective civil rights, legal interests and other legal means aimed at securing an intermediate legal possibility to a person who possesses transforming right to expect. Based on the survey, it is proposed that the existing civil law be amended so that the right to expect will be reflected in the rules of law. The article is intended for anyone interested in the development of fundamentals of civil law.

The article focuses on the analysis of the system of intellectual activity results as exemplified by complex intellectual rights objects. The article deals with the provisions of the European Union Directive on Certain Cases of Authorized Use of Orphan Works dated 25 October 2012 concerning the problem of recognizing rights of orphan works, i.e. the works which rightsholders are not identified or found. The survey provides a description of Copyright and Related Rights Registries and analyzes the possibility of systematizing mechanisms of intellectual activity legal protection, and, in the first place, protection of objects of copyright and related rights when using the blockchain technology (Blockchain). Also, the article highlights the so-called Smart Contacts (Smart Contracts) model. The work concludes that there is a need to develop mechanisms for the use of new blockchain technologies (Blockchain) to systematize intellectual activity results, first, complex, intellectual property objects, with a view to increasing the use of the rights to such results in economic turnover.

The article is devoted to the description of the legal status of sports judges. The authors show the difficulty of defining the status. This article describes the specifics of the labour relations for sports judges, which directly affect the status of the sports judges. Based on the analysis of foreign States experience the authors make and present scientific generalizations about the approaches implemented in foreign countries. The authors express their ideas on possibilities for considering foreign experience in Russian practice.

The article is devoted to the features of the subjective side and the crime committer under Article 135 of the Criminal Code of the Russian Federation. Based on the doctrinal provisions of the criminal legal science and case materials the author concludes that sexual abuse can appear only with direct intention. The article also considers the issue of motive and purpose in the criminal elements of sexual abuse. The work justifies the position that the offence provided for in Article 135 of the Criminal Code of the Russian Federation committed in the contact form does necessarily have any motive and purpose. At the same time, committing non-contact abuse is intended to satisfy the sexual needs (of the perpetrator, the victim or a third party) or arousal of interest in sexual actions in injured. These purposes are alternative, so it is enough to have one of them to classify the act under Article 135 of the Criminal Code of the Russian Federation. In addition, when analyzing the features of the criminal the definition of pedophilia is addressed. It is found that in Russia, the diagnosis of pedophilia is determined in accordance with the letter of the Ministry of Health and Social Development of the Russian Federation and Federal State Budgetary Institution "The National Medical Research Center of Psychiatry and Narcology after V.P. Serbskiy". It states that pedophilia takes place in the case of permanent or overwhelming desire of sexual activity with a prepubescent or early pubertal age child. A mandatory criterion is the presence of the five-year difference in age with the child.

The article analyses the provisions of the criminal law for exemption from criminal liability if there is evidence of voluntary abandonment of the crime. Based on the analysis of judicial practice and doctrinal opinion the author focuses on the specifics of establishing voluntariness, features of finality and timeliness of abandonment from crime. The importance of cumulative accounting of objective and subjective criteria for voluntary abandonment is emphasized. The specifics of the criminal legal regulation of accomplices' voluntary abandoning a crime is detected.

This article describes the issues arising in the course of implementation of one of the principles of criminal proceedings which is to protect the rights and freedoms of human and citizen (Art. 11 of the Criminal Procedural Code of the Russian Federation) in regard of the involvement of a suspect, accused person, victim or other subjects of criminal procedure in the investigation. Based on "high" legal meaning of the principle of protection of human and civil rights and freedoms, the author expresses a sharply negative attitude towards execution of Part 5 Art. 164 of the Criminal Procedural Code of the Russian Federation as cumbersome formalities. The author makes proposals aimed at improving the practical identification technologies for identifying the investigation participants, explaining them the work order, rights, and warning them of their responsibilities, as well as providing an opportunity to effectively utilize the right.

The subject of this article is the mode of execution (serving) the penalty in the form of deprivation of liberty, as one of the most important category of criminal-executive law. This article analyzes the modern scientific approaches in the field of criminal-executive law to the problems of the definition of the "mode". A brief historical overview shows a lack of statutory defined notion. It was first enshrined in Art. 82 of the Penal Enforcement Code of the Russian Federation on 08.01.1997 No.1-FZ. When analyzing scientific approaches to the notion of the regime the author considers and discloses two major aspects - understanding of the mode as order, and that the mode enforces its demands. Special attention is given to the concept of "non-penal" mode, i.e. execution mode (serving) punishments not involving deprivation of liberty. In preparing and writing of the article the author applied methods of analysis and synthesis, as well as the dialectic method of scientific cognition. The analysis made by the author offers organizational and practical measures to improve the modern progressive system. The novelty of the research is that the article suggests some measures for its improvement, taking into account the integrated approach to this issue. The author proposes changes into existing regulations, namely into the Penal Enforcement Code of the Russian Federation.

This article presents comparative study of the legislation of the Russian Federation and the Republic of France in the field of public financial control. Thus, a study of the legal regulation of financial relations of foreign countries using the comparative method allows for a fuller assessment of the processes taking place in the area of public finances. The French experience in the reform of the State financial control can be used when updating the system of financial control in Russia. This article deals with modern legislation in the field of public financial control in the Russian Federation and of the French Republic as well as key public authorities exercising financial control. The article may be of interest to attendees of the courses in Financial Law, Tax Law, Fiscal Law, as well as to scientific staff and other persons engaged in the study of procedures and governmental tools through which the sphere of public finances is regulated.

This article discusses controversial theoretical and practical issues of the simultaneous application of suspension and pre-trial detention or house arrest. Given the comprehensive analysis of the current Russian criminal procedural law, as well as its application, there is a judgment that the choice of the given restraints concerning the suspect or accused person in exceptional circumstances does not preclude the application of a suspension to the above named persons. The study reflects the experience of legal regulation of similar relations, proposes particular recommendations.

The article is devoted to the problems of public supervision as a way to legal security of land use in accordance with the limitations arising from the establishment of zones with specific terms of use of the territory. The author considers the feasibility of the implementation of the monitoring of compliance with the restrictions in areas with special conditions of use of the territory within the framework of specialized (not land) supervision. The author also analyzes the problems of supervision and control activities undertaken without interaction with stakeholders in the field of supervision of compliance with the specific terms of the zone territory. It is suggested that the zones with specific conditions for use be included in the list of scheduled (verification) checks, as well as other supervision activities without interaction with stakeholders. The author also proposes to identify particular supervision activities without interaction with stakeholders in areas with special conditions for use; and provide for legal consequences for the offender in non-compliance with the State supervisory agency cautions.

In this synthesis report, the authors present an overview of the scientific session at the International Scientific and Practical Conference "Martemyanovskie Readings", held on March 3, 2017. The discussion covered the idea of a "scientific school". The authors present the classification and characteristics of the category; provide a brief overview of the leading scientific schools in the Russian Business Law. This overview is of interest from both scientific and methodological perspectives. The abstracts of the speakers are considered carefully.

This article presents the main aspects of the activities and statements of the All-Russian Scientific and Practical Forum of Young Scientists "Representation in Substantive and Procedural Law: Problems and Perspectives of Development ", held on 22-23 April, 2017 at the Kutafin Moscow State Law University (MSAL). The authors also present a summary of the content areas of the participants' reports. The Scientific Forum was based on the main results of the reform of the substantive and procedural law of the Russian Federation in the light of new course of development of the Russian economy, the latest trends in legal science and practice. The authors also take into account the court practice, which includes new approaches to the interpretation of contemporary Russian law of representation. In this regard, of particular importance to the participants were the acts of the Supreme Court of the Russian Federation. For example, the resolution of the Plenum of the Supreme Court of the Russian Federation No.7 of March 24, 2016 "The Application by the Courts of Certain Provisions of the Civil Code of the Russian Federation on Liability for Violation of Obligations"; the resolution of the Plenum of the Supreme Court of the Russian Federation No. 54 of November 22, 2016 "The Application of the General Provisions of the Civil Code of the Russian Federation on the Liabilities and their Performance". At the Conference, the participants and moderators presented and analyzed the main trends of modern legal science in the field of theoretical and practical problems of representation in light of legal reform.

This article provides an overview of the reports of lectures of the Department of the Kutafin Moscow State Law University (MSLA) at the round table "Novels of Financial Legislation" held on December 15, 2016 conducted together with the Chair of the Financial, Banking and Customs Law, Saratov State Law Academy, via video conference. This article also reviews the student round table devoted to the memory of N.I. Khimichevoy, held on March 16, 2017. The article stresses the importance of further expansion of the use of modern technologies in order to expand and consolidate interdepartmental relationships.